Community
12 November, 2023
Know Queensland law when leaving child at home alone
DECIDING when a child is ready to be left at home alone can be a difficult task for parents. Every child is different, and parents will need to consider not just their child’s age, but also their level of maturity.
In Queensland, the law says that if a person in charge of a child under 12 leaves the child for an unreasonable time without making reasonable provision for their supervision and care, then that person commits a misdemeanour.
The maximum penalty is three years’ imprisonment, but the law also says whether the time a child is left alone is unreasonable depends on “all the relevant circumstances”.
The wording of the law acknowledges that every situation is different – and if an incident did reach the level of a police investigation, all the circumstances would be assessed.
So, for example, if you left an 11-year-old at home for 20 minutes while you went to the store for groceries, that might not be considered an unreasonable amount of time home alone.
But if you left the same 11-year-old home alone overnight so you could attend a friend’s birthday party – that might not be considered reasonable. Similarly, while it might be OK to leave an 11-year-old at home while you duck out for some milk and bread, it is likely unreasonable to leave a toddler at home for the same reason.
The law applies in the same way to leaving children unsupervised in the car – and child safety must always be the primary consideration.
We know on warm days that the temperature inside a car can reach dangerous levels very quickly – especially in our Far North climate.
If you are thinking about leaving your child at home alone, some things to consider include whether they can follow rules and make sensible decisions without adult supervision.
You might also want to consider if your child would know how to ring triple zero or seek help from another responsible adult if there was an emergency. Before leaving a child home alone, you could also conduct a safety check around your home to make sure all doors, locks, windows and smoke alarms are in good working order.
Kristyn Lennon is a Cairns-based lawyer who heads Maurice Blackburn’s Tablelands office. This legal information is general in nature and should not be regarded as specific legal advice. If you have a legal question you would like Kristyn to answer you can contact her at klennon@mauriceblackburn.com.au
